Bill Text: MI SB1076 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Natural resources; gas and oil; zoning regulating oil and gas drilling; allow in townships with certain population. Amends sec. 205 of 2006 PA 110 (MCL 125.3205).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-12-11 - Defeated Roll Call # 757 Yeas 8 Nays 29 Excused 1 Not Voting 0 [SB1076 Detail]

Download: Michigan-2013-SB1076-Introduced.html

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SENATE BILL No. 1076

 

September 17, 2014, Introduced by Senators BRANDENBURG, GREEN, JONES, ROCCA, PAPPAGEORGE, HANSEN and HILDENBRAND and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

     A bill to amend 2006 PA 110, entitled

 

"Michigan zoning enabling act,"

 

by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 205. (1) A zoning ordinance is subject to all of the

 

following:

 

     (a) The electric transmission line certification act, 1995 PA

 

30, MCL 460.561 to 460.575.

 

     (b) The regional transit authority act, 2012 PA 387, MCL

 

124.541 to 124.558.

 

     (2) A county or township with a population of less than 70,000

 

or a county shall not regulate or control the drilling, completion,

 

or operation of oil or gas wells or other wells drilled for oil or

 

gas exploration purposes and shall not have jurisdiction with

 

reference to over the issuance of permits for the location,

 

drilling, completion, operation, or abandonment of such wells.

 

     (3) An ordinance shall not prevent the extraction, by mining,

 

of valuable natural resources from any property unless very serious

 

consequences would result from the extraction of those natural

 

resources. Natural resources shall be are considered valuable for

 

the purposes of this section if a person, by extracting the natural

 

resources, can receive revenue and reasonably expect to operate at

 

a profit.

 

     (4) A person challenging a zoning decision under subsection

 

(3) has the initial burden of showing that there are valuable

 

natural resources located on the relevant property, that there is a

 

need for the natural resources by the person or in the market

 

served by the person, and that no very serious consequences would

 

result from the extraction, by mining, of the natural resources.

 

     (5) In determining under this section whether very serious

 

consequences would result from the extraction, by mining, of

 

natural resources, the standards set forth in Silva v Ada Township,

 

416 Mich 153 (1982), shall be applied and all of the following

 

factors may be considered, if applicable:

 

     (a) The relationship of extraction and associated activities

 

with existing land uses.

 

     (b) The impact on existing land uses in the vicinity of the

 

property.

 

     (c) The impact on property values in the vicinity of the

 

property and along the proposed hauling route serving the property,

 

based on credible evidence.

 

     (d) The impact on pedestrian and traffic safety in the

 

vicinity of the property and along the proposed hauling route

 

serving the property.

 

     (e) The impact on other identifiable health, safety, and

 

welfare interests in the local unit of government.

 

     (f) The overall public interest in the extraction of the

 

specific natural resources on the property.

 

     (6) Subsections (3) to (5) do not limit a local unit of

 

government's reasonable regulation of hours of operation, blasting

 

hours, noise levels, dust control measures, and traffic, not

 

preempted by part 632 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.63201 to 324.63223. However,

 

such the regulation shall be reasonable in accommodating customary

 

mining operations.

 

     (7) This act does not limit state regulatory authority under

 

other statutes or rules.